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BARNES MUEMA V. FRANCIS MASUNI KYANGANGU

(2020) JELR 105801 (CA)

Court of Appeal  •  Civil Appeal 87 of 2016  •  23 Oct 2020  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

RULING

This Notice of Motion dated 18th June 2019 expressed to have been made under rule 23 (2) of the Court of Appeal Rules seeks orders, for;

“That Messrs Kilonzo and Company Advocates who are on record for the Applicant be granted leave to cease acting for the Applicant herein.”

The application is premised on the grounds that the appeal came up for case management on 6th April 2017 when parties were directed to file and serve their respective submissions within 30 days; that despite request made by its advocates, no response has been forthcoming from the applicant; that counsel for the applicant received another notice of hearing dated 27th May 2019 and once again, their request for instructions has not been met with any response so as to enable them proceed with prosecuting the appeal. As a consequence, counsel has requested for leave to cease acting on the applicant’s behalf.

The motion was supported by an affidavit sworn on 18th June 2019 by Kieti D. Ndolo, Advocate which reiterated…

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